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This piece is a sample case result that an attorney may benefit from on their legal website.

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Improve Search Engine Ranking: Sample Copy for Attorney Website (Case 113, p.1)

Disabilities: congestive heart failure, anemia, pneumonia, pulmonary congestion, left ventricular hypertrophy, diabetes mellitus, hypertension, cerebral atrophy, peripheral neuropathy, pleural effusions and end state renal failure

Notice of Decision: Fully Favorable
Administrative Law Judge: (Insert Judge's Name)
Office of Disability Adjudication & Review (ODAR): (Insert Name of Hearing Office)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

After careful consideration of the entire record, I make the following findings:

1. The claimant has not engaged in substantial gainful activity since March 22, 2007, the amended alleged onset date (20 CFR 416.920(b) and 416.971 et seq.). Computer earnings queries requested on September 13, 2008, fail to document any earnings since 2002. (Exhibit 2D).

2. The claimant has the following severe impairments: congestive heart failure, anemia, pneumonia, pulmonary congestion, left ventricular hypertrophy, diabetes mellitus, hypertension, cerebral atrophy, peripheral neuropathy, pleural effusions and end state renal failure (20 CFR 416.920(c)).

3. The severity of the claimant's impairment meets the criteria of section 6.02 (A) of 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 416.920(d)).

In making this finding, I considered all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence, based on the requirements of 20 CFR 416.929 and SSRs 96-4p and 96-7p. I have also considered opinion evidence in accordance with the requirements of 20 CFR 416.927 and SSRs 96-2p, 96-6p and 06-3p.

The claimant's physical medical history is significant for treatment of multiple severe conditions including diabetes, hypertension, pulmonary congestion, heart failure, anemia and more recently end stage renal disease. The record also shows that the claimant has a history of drug and alcohol abuse including cocaine. At the hearing, the claimant admitted to using drugs as far back as 2006, but testified credibly that she has not been using drug and alcohol since January 2008.

I have carefully reviewed the record, in particular the clinical notes from Jackson Memorial Hospital and Clinics dated 2007 to the present. Indeed, repeated laboratory results and medical documentation shows that the claimant has not tested positive for drugs, alcohol or any illegal drugs since 2008. (Exhibits 10F, 13F and 17F).

I find that the claimant's history of drug and alcohol abuse is not a material factor in a finding of disability. The claimant's remaining limitations are disabling and the claimant is disabled independent of her history of drug and alcohol addiction. 20 C.F.R. 416.935 (ii).

The medical evidence of record, in particular the treatment notes and assessments from Jackson North Medical Center, Jackson Memorial Hospital and North Dade Health Center fully support a finding of listing level severity.

Documentation of record predating the claimant's amended alleged onset date is significant for numerous hospitalizations and emergency room visits due to uncontrolled diabetes, pulmonary hypertension, heart failure and left ventricular hypertrophy among other diagnoses, These conditions have resulted in severe symptoms of generalized weakness, swelling of the legs, inability to stand or walk for any period of time and respiratory distress requiring at times intubation. (Exhibits 1F through 7F).

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